Teledyne LeCroy WaveRunner МXi-A Getting Started Manual - Manual (Page 123)

Getting Started Manual
922138-00 Rev A 115
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regulations, and you will defend and indemnify Teledyne LeCroy from and
against any damages, fines, penalties, assessments, liabilities, costs and
expenses (including reasonable attorneys' fees and court costs) arising out of
any claim that the Software Product, Documentation, or other information or
materials provided by Teledyne LeCroy hereunder were exported or otherwise
accessed, shipped or transported in violation of applicable laws and
regulations.
7. RISK ALLOCATION .
7.1. No Warranty . THE SOFTWARE PRODUCT IS NOT ERROR-FREE AND THE
SOFTWARE PRODUCT AND SUPPORT SERVICES IS/ARE BEING PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. TELEDYNE LECROY, FOR ITSELF AND ITS
SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE PRODUCT OR
ANY SUPPORT SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION, VALIDITY,
EXCLUSIVITY, MERCHANTABILITY, NON-INTERFERENCE WITH ENJOYMENT,
FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED
FROM ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE
THAT NO WARRANTIES HAVE BEEN MADE TO YOU BY OR ON BEHALF OF
TELEDYNE LECROY OR OTHERWISE FORM THE BASIS FOR THE BARGAIN
BETWEEN THE PARTIES.
7.2. Limitation of Liability . TELEDYNE LECROY'S LIABILITY FOR DAMAGES FOR
ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR
ACTION, SHALL NOT EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED THAT IF YOU
HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT WITH TELEDYNE
LECROY, TELEDYNE LECROY'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES
WILL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. TELEDYNE LECROY
SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA,
INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER
THIS EULA OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE
SOFTWARE PRODUCT, THE DOCUMENTATION OR THIS EULA. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE INDEPENDENT
FROM ALL OTHER PROVISIONS OF THIS EULA AND SHALL APPLY
NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
7.3. Indemnification . You will defend, indemnify and hold harmless Teledyne
LeCroy and its officers, directors, affiliates, contractors, agents, and employees